{"id":"alj-H102436-2023-05-01","awcc_number":"H102436","decision_date":"2023-05-01","opinion_type":"alj","claimant_name":"Valerie White","employer_name":"Desha County","title":"WHITE VS. DESHA COUNTY AWCC# H102436 MAY 1, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WHITE_VALERIE_H102436_20230501.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WHITE_VALERIE_H102436_20230501.pdf","text_length":2262,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H102436 \n \nVALERIE F. WHITE, EMPLOYEE       CLAIMANT \n \nDESHA COUNTY. EMPLOYER                  RESPONDENT  \n \nAAC, AAC RMS CARRIER/TPA                       RESPONDENTS \n \nOPINION FILED MAY 1, 2023 \n \nHearing before Administrative Law Judge JayO. Howe in McGehee, Desha County, \nArkansas, on April 27, 2023. \n \nMr. Mark Alan Peoples of Little Rock, Arkansas,  waived his appearance on behalf \nof the claimant. \n \nMr.  Jason  M.  Ryburn  of  Little  Rock,  Arkansas,  appeared  on  behalf  of  the \nrespondents. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  April  27, 2023,  in  McGehee, \nArkansas,  on  the  respondents’  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. § 11-9-702 and/or Rule 099.13 of the Arkansas Workers’ Compensation \nAct.    The  claim  involves  an  alleged  workplace  injury  occurring  on  or  about  November 27, \n2020. An employer/employee relationship existed at the time, and the respondents accepted \nand paid benefits on a right shoulder injury. A Form C was filed on January 26, 2022. \n The respondents filed this Motion to Dismiss on March 10, 2023. The motion stated \nthat the claimant was released from care for the shoulder injury on April 18, 2022, without \nrestrictions or an impairment rating. It further stated that no request for hearing or other \neffort to prosecute the claim was made in the six (6) months preceding the Motion’s filing.  By \nway  of  email  communication  with  the  Commission  and  the  respondents’  counsel,  dated  \nMarch  14,  2023,  Mr.  Peoples  informed  that  his  client  did  not  oppose  a  dismissal  without \nprejudice. \n\nWhite- H102436 \n2 \n \n \n Based on the record, statements of counsel, and the available evidence, I find that the \nMotion  to  Dismiss  should  be  granted  for the  claimant’s  lack  of  prosecution and  that  the \nmatter should be dismissed without prejudice.  \nORDER \n \n Pursuant  to  the  above,  the  Motion  to  Dismiss  should  be  granted  and  this  matter \nshould be dismissed without prejudice at this time.   \nSO ORDERED. \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H102436 VALERIE F. WHITE, EMPLOYEE CLAIMANT DESHA COUNTY. EMPLOYER RESPONDENT AAC, AAC RMS CARRIER/TPA RESPONDENTS OPINION FILED MAY 1, 2023 Hearing before Administrative Law Judge JayO. Howe in McGehee, Desha County, Arkansas, on April 27, 2023. Mr. Mark A...","fetched_at":"2026-05-19T23:07:03.310Z","links":{"html":"/opinions/alj-H102436-2023-05-01","pdf":"https://labor.arkansas.gov/wp-content/uploads/WHITE_VALERIE_H102436_20230501.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}